Custody and Support
Child Custody
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Legal Custody
Generally speaking, unless good cause otherwise exists, a court will presume both parents should be granted joint legal custody. Legal custody is the right of both parents to make decisions in the children’s lives (i.e. health, education, religious, medical, welfare). If parents have joint legal custody, they both have equal say. Due to frequently conflicting parenting styles, this can occasionally lead to parenting gridlock. In many instances, we can help negotiate this gridlock by developing helpful parenting provisions to provide guidance and reduce conflict.
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Physical Custody
When considering a custody arrangement, a court is concerned with the “best interests of the children” (as defined by Idaho Code § 32-717). The court will consider factors such as the parents’ wishes; the children’s wishes; the interaction and relationship between the children, parents, and siblings; the children’s adjustment to home, school, and community; the character and circumstances of all individuals involved; the need to promote continuity and stability in the life of the child; domestic violence in the family relationship. Everyone’s life is different. Speaking with a qualified attorney will help you weigh these factors in proposing an appropriate custody arrangement and in assessing risks and benefits based upon your individual needs.
Child Support
Modification
Child custody and child support are modifiable upon a showing to the judge that a substantial and material change in circumstances has occurred to justify a change in custody and/or support. Grounds to modify might include, among other things, one or more of the following: a significant increase or decrease in wages, relocation to a different city, remarriage, the children become older, and domestic violence. Our family law attorneys can help you evaluate your facts against this modification standard.
Property and Debt Division in Non-Marital Settings
**The information above is general guidance regarding principles of law in Idaho. The foregoing is not intended as legal advice in any particular matter. Because all cases are dynamic and deserve special planning, we encourage you to contact the attorneys at our firm to answer questions regarding your specific case.**